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Tag: contract

Home Posts Tagged "contract"

COLLECTION OF FOOTBALLERS’ RECEIVABLES IN TURKEY

10 August 2017Burcu Canpolat

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Footballers in Turkey, either foreign or national, have different remedies in order to collect their receivables from their clubs. National remedies to collect players’ receivables are available for both Turkish and foreign players. Turkish Football Federation (“TFF” hereinafter) organizes a mandatory arbitration and accordingly the actions before Turkish courts are precluded. Concerning foreign players, they can claim their receivables before FIFA arbitration system.

TFF is regulated by the Constitution, by Law on The Establishment and Duties of the Turkish Football Federation no. 5894 and by internal status and directives.

  1. Mandatory arbitration before the Dispute Resolution Committee

Article 56 of TFF Statutes specifies the scope of disputes solved by the Dispute Resolution Committee. It comprises disputes arising out between a club and its players in connection with a contract or any football-related matters. The jurisdiction of the Dispute Resolution Committee is exclusive, it means that there is no other legally possible way to solve a dispute in this context[1]. There is only a possibility of appeal before the Arbitration Committee.

In case that the player brings an action before the Dispute Resolution Committee and that the latter issues an award; if the player is not satisfied with the said decision, he has seven days to bring it before the Arbitration Committee which works as an appeal. Otherwise, the parties shall be considered having waived their right to appeal.

The decision of the Arbitration Committee is final and binding pursuant to the Article 59/3 of Turkish Constitution which regulates that “The decisions of sport federations relating to administration and discipline of sportive activities may be challenged only through compulsory arbitration. The decisions of Board of Arbitration are final and shall not be appealed to any judicial authority.”

There is no possible way to go to the Court of Arbitration for Sports in Lausanne, Switzerland.

  1. Execution proceedings before the execution office

The execution proceedings before the execution offices are not recommended as the system is quite complicated in Turkey and also with the pending mandatory arbitration, any attempt to recover receivables can be stopped by the arbitration clause. However, in practice, execution proceedings are widely used among footballers and clubs. They are using their right to object to the payment order issued by execution offices. Upon the objection; an action for annulment of objection should be brought before the Court. This objection is mainly done in order to extend the length of proceedings and avoid transfer bans.

  1. Voluntary Arbitration before the Dispute Resolution Chamber of FIFA (only for foreign players)

For foreign players, FIFA has its own Dispute Resolution Chamber (DRC). Foreign players can request an examination from both the TFF’s arbitration chamber and FIFA’s arbitration chamber. TFF clearly states its jurisdiction and also the jurisdiction of FIFA in the article 63(3) of its Statutes[2]. This arbitration system is only available for those cases implying “an international dimension”[3].

FIFA’s Regulation on the Status and Transfer of Players specifies the possibility of an explicit clause on the contract or collective bargaining agreement of the player which is referring to the sole possible adjudication before the national sport arbitration system[4].

There is a special procedure in FIFA concerning overdue payables. In case of an overdue payable, the player must put the club in default in writing with a deadline to comply with its financial obligations in at least ten days. In case of non-compliance; it is considered having overdue payables. Then, the player can request the examination of the Dispute Resolution Chamber of FIFA.

However, Dispute Resolution Chamber of FIFA is not a mandatory arbitration. Indeed, Article 23 states that the competence of FIFA is “without prejudice to the right of any player or club to seek redress before a civil court for employment-related disputes”. However, as TFF arbitration is mandatory in Turkey, there is no way for a foreign player to go to the court in Turkey to solve employment-related matters.

FIFA’s Dispute Resolution Chamber is constituted of a sole or three members to examine a case. It has 60 days to adjudicate the case and there is no fee to pay to FIFA for employment-related disputes. Along with the order to pay, FIFA can give disciplinary sanctions to the club.

In case of an award of the Dispute Resolution Chamber, there is a possibility of appeal before the Court of Arbitration for Sport in Lausanne, Switzerland.

[1] Article 22 of the Directive on the status and transfer of professional players: “All disputes arising from professional players’ contracts and sanctions given by clubs should exclusively be examined and awarded by the Dispute Resolution Committee. Their appeal may be made before the Arbitration Committee.”

[2] “The TFF shall have jurisdiction over internal disputes and FIFA over international disputes.

[3] Article 22/b of the Regulations on the Status and Transfer of Players stating the competence of FIFA

[4] Article 22/b of the Regulations on the Status and Transfer of Players stating the competence of FIFA: “employment-related disputes between a club and a player of an international dimension; the aforementioned parties may, however, explicitly opt in writing for such disputes to be decided by an independent arbitration tribunal that has been established at national level within the framework of the association and/or a collective bargaining agreement. Any such arbitration clause must be included either directly in the contract or in a collective bargaining agreement applicable on the parties. The independent national arbitration tribunal must guarantee fair proceedings and respect the principle of equal representation of players and clubs;”

What is “Fitness for Purpose” ?

14 June 2016Nihan Geliş

fit

The term “fitness for purpose” arises from the Sale of Goods Act 1979 and it was amended by the Sale and Supply of Goods Act 1994 which implicitly imposes conditions for every seller of goods when performing business. This contains a statement that the provided goods will be of satisfactory quality and, where the buyer demands a specified purpose, are reasonably fit for their intended purpose.

The seller’s consent on this clause declares that it is guaranteeing that the design will be compatible with the terms claimed by the buyer. This highlights that, the only duty of the buyer is to prove that the completed work is not working properly as it should. However, it is not necessary to demonstrate that the design has been negligent.

The parties should be aware of the existence of the term of the contract which states the buyer’s purpose. When this issue is unclear, the intended purpose will usually be evaluated by the court or arbitrator in regard to the facts. This puts an extra liability on the seller to add a stated purpose   or buyer’s requirements and then to verify them to ensure that the purpose is defined in a clear way.

 

A fitness for purpose obligation may be implied into a contract where the seller has the obligation to provide the goods which should be fit for that specified purpose. If the seller refuses or will be unable to provide fitness for purpose in the work, he/she should expressly exclude fitness for purpose in the contract.

Where the fitness for purpose risk is excluded in the contract, then the seller will have the lower obligation of reasonable skill and care on the works. In the event that the parties agree on dividing the risk of the work being unfit with the agreed terms and conditions to reflect the risk taken amongst the parties in respect of uninsured losses, the seller can agree to be liable to perform the work or to provide the other losses arising from this breach.

In the event of lack of an express or implied fitness for purpose obligation, the seller’s performance must be in compliance with a reasonable skill and care which means that the work must be compatible with the standard of competent professional seller. In this event, the buyer should prove that the seller has been neglectful by showing that the work fails to be compatible with the standard of competent professional seller.

Revocation of contract is possible if the provided work is not consensual with the intended purpose of the buyer. Compensation claim of the buyer in accordance with general rules is also reserved.

Besides, in compliance with the article 35 of the United Nations Convention on Contracts for the International Sales of Goods the seller should supply the goods in the quality, quantity and description stated in the contract.

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ADVANTAGES OF THE FREE ZONES

8 April 2016Nihan Geliş

zones franches turquie100% CORPORATION AND INCOME TAX EXEMPTION:

Companies are 100% exempt from Corporate and Income Tax.

BRIEF PAYMENT EXEMPTION:

Companies that sell at least 85% of their products abroad are 100% exempt from the income tax payable over salaries of employees.

 

VALUE-ADDED TAX (VAT) EXEMPTION:

As Free Zones are outside of the customs border, companies can purchase good from Turkey without VAT. Moreover infrastructure services are provided exempt from VAT.

FREE TRANSFER OF PROFITS:

Companies can freely transfer their profits and earnings to Turkey or any other country.

DUTY FEE EXEMPTION:

The goods entering the free zones are exempt from tariff.

MINIMUM OF BUREAUCRACY:

Bureaucracy has been minimized in the free zones.

 

EASY STORAGE:

Companies can keep their stock without duty free and unlimited period of time.

FREEDOM TO PURCHASE MACHINERY:

Companies are free to bring second hand (used) machinery to the Free Zones and there is no age limitations for the importation of second hand (used) machinery.

OTHER EXEMPTIONS:

  • There is no quality standard for price in the free zones.
  • THE OPPORTUNITY OF USING CHEAPER ENERGY:

Companies in free zones have an opportunity to use cheap energy.

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CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOOD BY ROAD 1956

21 March 2016EmreSURK

Introduction

Convention on the Contract for the International Carriage of Goods by Road (hereinafter referred to as “the Convention” or simply as “CMR[1]”) is an international convention drafted under auspices of the United Nations in Geneva on May 19, 1956. As of March 2014, the Convention has been ratified by 55 states, figuratively speaking, from the United Kingdom to Iran. The Convention consists of 51 articles, which are divided into eight chapters. Despite the fact that it was ratified in 1956, it is still an effective, complex and far reaching regulation of transportation of cargo in the contracting states and beyond. In course of its application, it has been amended only once in 1978 by a protocol[2] modifying the liability limit in article 23 from Golden Francs to units called Special Drawing Rights.

(more…)

DISADVANTAGES OF APPLICATION OF THE VIENNA CONVENTION ON THE INTERNATIONAL SALES OF GOODS 1980

21 March 2016EmreSURK

vienna conventionBackground

The initial work on the Vienna Convention (hereinafter referred to as “CISG”, or “Convention”) was started in 1968 by the United Nations Commission on International Trade Law (hereinafter referred to as “UNCITRAL”). An international working group was established to draft a document which would help to facilitate trade between companies and corporations from countries of various legal, cultural, and social systems. The draft was finished in 1978 and finalized during the Vienna Conference in 1980.

(more…)

arb-lit

INTRODUCTION TO ARBITRATION

8 April 2011Nihan Geliş
  1. arbitrationArbitration agreement

Arbitrations agreement can be in a form of an arbitration clause which is usually included in the substantive commercial contract. Nevertheless, in the light of judicature, such clause is regarded as a separate contract despite being part of another contract. Therefore even invalid substantive contract can contain perfectly valid arbitration agreement, and so any disputes arising from the invalid substantive contract can be resolved through arbitration based on that particular arbitration clause in the contract itself. This is the most common way of agreement. The arbitration agreement can be also made in a form of separate written contract in which parties further specify the entire conduct of an arbitration. It is crucial for the validity of the agreement to be entered willingly without any reservation and doubt. (more…)

Benzer Yazılar

  • DISPUTE RESOLUTION
  • What is “Fitness for Purpose” ?
  • COLLECTION OF FOOTBALLERS’ RECEIVABLES IN TURKEY
  • ADVANTAGES OF THE FREE ZONES


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AB agreement arbitration arbitration agreement cheque CISG consortium construction contract construction of energy production facilities contract dispute resolution dud cheque employer employment contract Eurpean Union findeks fit for purpose fitness for purpose foreign investment free trade free zone free zones in Turkey interbational arbitration International Carriage of Goods by Road international lawyer international road union international trade istanbul law lawyer Power Plant Engineering and Construction QR Code risk sale of goods tax exemption trade transportation Turkey Turkish Turkish companies Turkish Law Turkish Legal System VAT vienna convention warranty
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